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Submissions@Sa.Gov.Au Our ref: TLC/213242 29 November 2019 Chief Executive Officer State Planning Commission Level 5 50 Flinders Street ADELAIDE SA 5000 By email: [email protected] Dear Sir or Madam, Submissions - Draft Planning and Design Code (Phase 2 - Rural Areas) We act for SC Heinrich and Co Pty Ltd and the Heinrich family (collectively, "SCH") who collectively control allotments 5 and 530 Horrocks Highway, Stanley Flat (land). The Department of Planning, Transport and Infrastructure (DPTI) has invited submissions about the draft Planning and Design Code for South Australia - Phase 2 (Rural Areas) (Draft Code) until 29 November 2019. These submissions about the Draft Code are made on SCH's behalf. SCH's position In summary, SCH says that:- 1. given SCH's depot use, the land should be incorporated in an Employment Zone or similar appropriate zone in the Code that supports depot uses; 2. if the land is not incorporated into an Employment Zone or similar appropriate zone, the proposed Rural Zone that is to apply under the Code is supported, subject to comments below; 3. the forms of Restricted Development for the Rural Zone are adequate and should not be further changed; 4. the Code should contain a land use definition of "private works depot" as follows: private works depot means land used for storage and operations connected with the provision of services including roadworks or earthmoving services or similar services by a body who carries out those services in trade or commerce. tlc:p213242_167.docx – 2 – 5. the planning policies in the Code should recognise that privately-operated works depots are appropriately located in Rural Zones, provided that amenity and environmental issues are appropriately attended to. SCH and its business operations SCH is a family owned and operated earthmoving, quarrying and materials transport company which operates predominantly in the mid-north of South Australia. SCH has been a long-standing business success and a source of employment and public infrastructure services to local and State government and the private sector for decades. SCH has operated a "home base" and integrated depot facility for its business activities from allotment 5 since about 1981. Over that time, that facility has expanded as the business has grown. The Development Plan vs the Code The land is presently located in the Primary Production Zone and Horticulture Policy Area 2 of the Clare and Gilbert Valleys Development Plan. The land is proposed to be located in a new Rural Zone according to the Draft Code. No Sub Zone applies, but the land but is subject to various overlays. SCH's detailed submissions on the Code Due to the unsatisfactory wording of the present Primary Production Zone in the Development Plan, my client has experienced serious difficulties upgrading and expanding its business operations at the land, despite its long-standing land use. Accordingly, SCH strongly welcomes and supports the introduction of the new Rural Zone in its present draft form, subject to some suggested amendments to better support important depot facilities such as that operated by SCH in such areas. We will make brief submissions about the Rural Zone provisions generally, before commenting on certain aspects of the balance of the draft Code. Employment or similar zoning SCH's primary submission is that given the longstanding historic use of the land (at least allotment 5) as a depot, it is appropriate that the land be rezoned to a sympathetic form of zoning, i.e., an Employment Zone, which encourages such a use. Our client has previously made submissions about the incompatibility of the existing PPZ as part of the Clare and Gilbert Valleys Council's "Clare Township DPA" on 3 September 2018. A copy of those submissions is attached for your consideration. SCH suggests that an Employment Zone would be an appropriate form of zoning to incorporate a depot use, noting that one of the Desired Outcomes (DOs) in that Zone is; A comprehensive range of industrial, logistical, warehousing, storage, research and training land uses together with compatible business activities generating wealth and employment for the State. SCH's land is in our submission, well suited to being incorporated into such a zone, particularly given the nature of its historical use, the lack of other suitably zoned land in Clare and its surrounds and the other reasons in our attached letter to the Council. tlc:p213242_167.docx – 3 – The Rural Zone In general, and in the event that the land is not zoned to an Employment Zone or similar zone compatible with depot uses, SCH supports the rezoning of the land to a Rural Zone and the wording of the proposed new Rural Zone, subject to some comments and suggested amendments that follow. My client strongly supports the new Desired Outcome 2 for the Rural Zone, which provides (with my underlining): 2 A zone supporting diversification of existing businesses that promote value adding, such as industry, storage and warehousing activities, the sale and consumption of primary produce, tourist development and accommodation… SCH strongly believes that the existing Primary Production Zone in the Clare and Gilbert Valleys Council Development Plan fails to have proper planning regard to the range of reasonably expected land uses in such a Zone, most particularly including depots such as that operated by my client. The new Rural Zone appropriately contemplates diversification of existing businesses including for storage, albeit my client would like to see depot uses more explicitly addressed and envisaged in the Zone policy. Private works depot uses generally It is obvious that depot uses such as that operated by my client (as opposed to public service depots, which are broadly a similar use) have not generally been dealt with in South Australian Development Plans historically. The lack of planning policy direction and guidance for privately-operated "depot" uses has caused a range of planning and legal problems for those who operate those uses, even if they are done so in otherwise appropriate localities, where their amenity impacts can be managed and set well back from nearby residential uses. In my submission, a "depot" use is not particularly suited to any single kind of zone. However, typically such depot uses will be appropriately located in open, rural-type areas such as that operated by SCH in the proposed new Rural Zone due to these opportunities for large sites and increased setbacks from other development. SCH strongly submits that appropriate depot-type uses should be expressly defined in the draft Code (see below). Furthermore, appropriate planning policies should be included in the Code, to ensure that where a depot use is located in a Rural Zone, its amenity and environmental impacts are appropriately managed and controlled. There is simply no reason in principle why a depot use cannot be appropriately located in a Rural Zone, subject to those appropriate controls on amenity and environment and provided that valuable primary production land is not unreasonably prevented from productive use. SCH therefore submits that the Desired Outcomes and other planning policies that apply for Performance Assessed Development in the Rural Zone should be appropriately amended so that depot uses are envisaged, subject to controls on amenity and environmental issues as is contemplated in the more general provisions of the Code. tlc:p213242_167.docx – 4 – "Depot" land use definition SCH appreciates that "public service depot" is defined in the Draft Code. However, it submits that a further, additional definition of "private works depot" should be inserted into the Code. Such a definition could be worded as follows:- private works depot means land used for storage and operations connected with the provision of services including roadworks or earthmoving services or similar services by a body who carries out those services in trade or commerce. SCH submits that it is appropriate to include such a definition into the Code in addition to the definitions of "public works depot" that already exist, to recognise that some similar depots are carried out in trade or commerce by private entities, such as SCH. The kinds of private works depots operated by SCH are not uncommon. However, despite this, those uses are largely forgotten in planning policies and have been in current Development Plans across the State. This has caused SCH serious problems by affording its neighbours rights of appeal and the ability to seriously delay or prevent reasonable expansions of its depot use, despite it being critical for my client's ability to provide important infrastructure services to its community. We urge the Department to incorporate such a definition in the Code when finalised, and to make appropriate provision for depot uses in Rural Zones in the Code more broadly, consistent with the submissions above. Restricted Developments in Rural Zone - do not alter SCH supports the extent of Restricted Developments in the draft Rural Zone and says that list must remain unchanged. In particular, a "depot" and the various elements comprising a depot use (which have been asserted by others as including "fuel depot", "road transport terminal", "store" and "motor repair station") must not be included in the Restricted Development list. SCH's difficulties and experiences with the planning system and third-party appeals exemplify why such depot uses (and its component activities) must not be included on the Restricted Development list. Summary SCH thanks the Department for the opportunity to make submissions about the Draft Code. SCH desires to be heard in respect of its submissions at any public meeting that may be held in respect of the Draft Code. Please advise us of the time and date of any relevant meeting in due course. tlc:p213242_167.docx – 5 – SCH awaits the implementation of the Code on 1 April 2020, consistent with its submissions.
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